he must not be harassed with claims of a similar CHAP. kind, either by the king, or by that heir:

187. And, if similar claims be made, the king must decide the questions after friendly admonition, with'out having recourse to artifice; for, the honest dis'position of the man being proved, the judge must proceed with mildness.

188.

Such is the mode of ascertaining the right ' in all these cases of a deposit in the case of a deposit sealed up, the bailee shall incur no

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censure

on the redelivery, unless he have altered the seal or taken out something.

189. If a deposit be seized by thieves, or destroyed by vermine, or washed away by water, or consumed by fire, the bailee shall not be obliged to make it good, unless he took part of it for himself.

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190. The defendant, who denies a deposit, and the plaintiff, who asserts it, let the king try by all sorts ' of expedients, and by the modes of ordeal prescribed in the Véda.

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191. He who restores not a thing really deposited, and he, who demands what he never bailed, shall both, for a second offence, be punished as thieves, if gold,

pearls, or the like be demanded; or, in the case of a

trifling demand, shall pay a fine equal to the value ' of the thing claimed:

192. For the first offence, the king should compel

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VIII.

CHAP. a fraudulent depositary, without any distinction between a deposit under seal or open, to pay a fine equal to its value,

193. That man, who, by false pretences, gets into his hands the goods of another, shall, together with his accomplices, be punished by various degrees of whipping or mutilation, or even by death.

194. ( Regularly, a deposit should be produced, the same in kind and quantity as it was bailed, by the 'same and to the same person, by whom and from 'whom it was received, and before the same com

pany, who were witnesses to the deposit: he who produces it in a different manner, ought to be fined;

195. But a thing, privately deposited, should be privately restored by and to the person, by and 'from whom it was received: as the bailment was, so should be the delivery, according to a rule in the • Véda.

196. Thus let the king decide causes concerning a deposit, or a friendly loan for use, without showing rigour to the depositary.

197. HIM, who sells the property of another man, without the assent of the owner, the judge shall 'not admit as a competent witness, but shall treat as a thief, who pretends that he has committed no theft :

198. If, indeed, he be a near kinsman of the

owner,

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owner, he shall be fined six hundred panas; but, CHAP. if he be neither his kinsman nor a claimant under him, he commits an offence equal to larceny.

199. A gift or sale, thus made by any other than 'the true owner, must, `by a settled rule, be considered, in judicial proceedings, as not made.

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200. Where occupation for a time shall be proved, but no sort of title shall appear, the sale cannot be supported: title, not occupation, is essential to its support; and this rule also is fixed.

201.. He, who has received a chattel, by purchase in open market, before a number of men, justly acquires the absolute property, by having paid the price of it, if he can produce the vendor;

202. But, if the vendor be not producible, and the ' vendee prove the publick sale, the latter must be dis

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missed by the king without punishment; and the former owner, who lost the chattel, may take it 'back on paying the vendee half its value.

203. One commodity, mixed with another, shall 6 never be sold as unmixed; nor a bad commodity

as good; nor less than agreed on; nor any thing kept

at a distance or concealed, lest some defect in it 'should be discovered.

204. If, after one damsel has been shown, another 'be offered to the bridegroom, who had purchased 'leave to marry her from her next kinsman, he may

' become

CHAP. become the husband of both for the same price : this law MENU ordained.

VIII.

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205. The kinsman, who gives a damsel in marriage, having first openly told her blemishes, whether she be insane, or disordered with elephantiasis, or ' defiled by connexion with a man, shall suffer no punishment.

206. Ir an officiating priest, actually engaged in a sacrifice, abandon his work, a share only, in proportion to his work done, shall be given to him by his partners in the business, out of their common pay:

207. But, if he discontinue his work without fraud, after the time of giving the sacrificial fees, he may 'take his full share, and cause what remains to be performed by another priest.

208. Where, on the performance of solemn rites, a specifick fee is ordained for each part of them, 'shall he alone, who performs that part, receive the fee, or shall all the priests take the perquisites jointly?

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209. At some holy rites, let the reader of the Yajurvéda take the car, and the Brahmá, or superintending priest, the horse; or, on another occasion, let the reader of the Rigveda take the horse, and 'the chanter of the Sámavéda receive the carriage, in 'which the purchased materials of the sacrifice had 'been brought.

210. A hun

210. A hundred cows being distributable among six- CHAP. 'teen priests, the four chief, or first set, are entitled VIII.

to near half, or forty-eight; the next four, to half

' of that number; the third set, to a third part of it; and the fourth set, to a quarter:

211. According to this rule, or in proportion to the work, must allotments of shares be given to men here below, who, though in conjunction, perform their 'several parts of the business.

212. SHOULD Money or goods be given, or promised as a gift, by one man to another, who asks it for some religious act, the gift shall be void, if that act be not afterwards performed :

213. If the money be delivered, and the receiver, through pride or avarice, refuse in that case to return it, he shall be fined one suverna by the king, as a punishment for his theft.

214. Such, as here declared, is the rule ordained ' for withdrawing what has been given: I will, next, propound the law for non-payment of wages.

215. THAT hired servant or workman, who, not from any disorder but from indolence, fails to perform his work according to his agreement, shall be 'fined eight racticàs, and his wages or hire shall not ⚫ be paid.

216. But, if he be really ill, and, when restored to health, shall perform his work according to his original